Terms and Conditions

Overview

This website is owned and operated by Green Upshot Limited. In these Terms and Conditions, the words “Green Upshot”, “we”, “us” and “our” refer to Green Upshot Limited.

Green Upshot provides this website, including its content, online shopping functions, products, information and related services, subject to your acceptance of these Terms and Conditions.

When you browse our website, create an account, submit information or purchase a product, you use our “Services” and agree to comply with these Terms and Conditions. These Terms apply to all website users, including visitors, customers, suppliers, business customers and individuals who submit reviews or other content.

Please read these Terms carefully before using our website. By continuing to access the website or place an order, you confirm that you understand and accept these Terms. If you do not agree with them, you should not use our website or purchase products through it.

Other policies displayed on our website, including our Privacy Policy, Shipping Policy and Returns and Refunds Policy, form part of these Terms.

We may add new products, features, tools or services to the website from time to time. Any new feature or service will also be governed by these Terms unless separate conditions are displayed.

The latest version of these Terms will remain available on this page. We may revise any part of these Terms by publishing an updated version on our website. Your continued use of the website after an update means that you accept the revised Terms.

Our online store operates through WordPress and WooCommerce and may use third-party services for hosting, payment processing, shipping, analytics and other business functions.

Online Store Requirements

By using our website, you confirm that you are legally capable of entering into an agreement in your country or place of residence.

Where you permit a minor to use this website, you accept responsibility for supervising their use of the website and any purchase made with your permission.

You must not use our website, products or Services for an unlawful, unauthorised or fraudulent purpose.

You must comply with all laws that apply to your use of the website, including laws relating to intellectual property, privacy, cybersecurity and consumer transactions.

You must not upload, distribute or transmit viruses, malware, harmful code or any material intended to interfere with the website, its users or its supporting systems.

We may suspend or terminate access to the website where we reasonably believe these Terms have been breached.

General Conditions

We reserve the right to decline an order, restrict access to the website or refuse service where reasonably necessary, including where we suspect fraud, misuse, unlawful activity or a breach of these Terms.

Content submitted through the website, other than payment-card information, may pass through different networks, systems or technical formats to allow the website and its services to function.

Payment-card information is processed through secure payment systems operated by the payment provider available at checkout.

You may not reproduce, republish, sell, commercially exploit or distribute any substantial part of our website or Services without our prior written approval.

You may not use automated systems, scraping tools or similar methods to extract product information, customer information, images, prices or website content without our permission.

The section headings in these Terms are provided for convenience and do not change the meaning or interpretation of any provision.

Website Information

We aim to provide clear, useful and current information on our website. However, occasional inaccuracies, outdated information or incomplete descriptions may occur.

Information provided through our website is intended for general product and shopping purposes. It should not be treated as professional, medical, nutritional, environmental or technical advice.

Information about sustainability, materials, product care, reuse, waste reduction or environmental impact may be based on supplier information, commonly accepted product characteristics or reasonable estimates. Actual results may vary depending on product use, frequency, disposal methods and individual circumstances.

You are responsible for deciding whether a product is appropriate for your needs and for following all product-use, cleaning, care and safety instructions.

Some website content may refer to past products, campaigns, prices, promotions or availability. This information may no longer reflect our current offerings.

We may correct, revise or remove website content at any time. Unless required by law, we are not obliged to update every item of information immediately after a change occurs.

Service and Price Changes

Product prices, shipping charges, promotions, product ranges and website features may change without advance notice.

The price payable for an order will normally be the price shown and accepted at checkout, subject to correction of an obvious pricing or technical error.

We may modify, suspend or discontinue a product, service, promotion or part of the website were reasonably necessary.

We will not be responsible for losses caused solely by the alteration or discontinuation of a website feature, provided this does not affect rights you already have under a confirmed order or New Zealand law.

Promotional codes, sale offers, free-shipping offers and other discounts cannot be combined unless the promotion clearly states otherwise.

Promotions may be limited by date, product, customer, order quantity, delivery location or available stock.

Products and Services

Some products may be available only through our website, selected marketplaces, pop-up stores or approved Stuckists.

Products may be offered in limited quantities and may become unavailable without notice.

We make reasonable efforts to present product photographs, colors, dimensions, materials and specifications accurately. However, the appearance of a product may differ slightly because of screen settings, lighting, manufacturing batches, natural materials or packaging updates.

Products made from bamboo, wood, sisal, loofah, coconut fibre, natural rubber or other natural materials may contain variations in color, texture, grain, size or finish. These natural differences are not necessarily defects.

Product packaging may also change without notice where the product itself remains substantially the same.

We may limit the number of products available to an individual customer, account, address, business or geographic location.

We may discontinue a product or change its specifications, packaging or price at any time before an order is confirmed.

All products must be used only for their intended purpose and in accordance with any instructions or warnings supplied with them.

Reusable drinkware, bottles, tumblers, straws, brushes and other household products should be inspected before use. Do not use a product that appears cracked, damaged, loose, heavily worn or otherwise unsafe.

Children should use appropriate products only with responsible adult supervision. Products containing small, hard, pointed or detachable components should be kept away from young children unless expressly designed for their age group.

Reusable straws must not be used while walking, running, driving, playing or participating in physical activity. Care should be taken to avoid injury to the mouth or teeth.

Product-care requirements may vary. Exposure to excessive heat, prolonged moisture, dishwashers, microwaves or strong cleaning chemicals may damage some natural or reusable products. Customers should review the product description and care instructions before use.

Nothing in this section removes any guarantee or remedy available under New Zealand consumer law.

Orders, Billing and Customer Accounts

Submitting an order does not automatically mean that we have accepted it.

An order is accepted when we issue an order confirmation and successfully receive or authorise payment, unless we later identify a genuine pricing error, stock issue, suspected fraud or another reasonable basis for cancellation.

We may refuse, limit or cancel an order where:

• A product is unavailable;
• Payment cannot be authorised;
• The delivery information is incomplete or incorrect;
• The displayed price contains an obvious error;
• The order appears fraudulent or unauthorised;
• The order exceeds applicable quantity limits;
• The purchase appears to be for unauthorised resale; or
• We cannot lawfully complete the transaction.

Where we cancel an order after receiving payment, we will refund the relevant amount using the original payment method unless another method is agreed.

We may contact you using the email address or telephone number provided during checkout if an order must be verified, amended or cancelled.

You agree to provide complete, current and accurate information when placing an order or creating an account.

You are responsible for promptly updating your email address, delivery address, contact number and other account details.

You are responsible for protecting your account login information and for activity carried out through your account, unless the activity results from a security failure for which we are legally responsible.

Please contact us promptly if you believe your account or payment details have been used without permission.

Third-Party Tools and Services

Our website may provide access to functions, applications or services operated by third parties.

These may include payment gateways, shipment tracking, social-media integrations, review platforms, maps, analytics tools or communication services.

We do not control every aspect of these third-party tools and cannot guarantee that they will always be available, uninterrupted or error-free.

Your use of an external tool may be subject to the provider’s own terms, privacy policy and operating requirements.

You are responsible for reviewing and accepting the provider’s conditions before using its service.

We may introduce new website tools or services in the future. Unless separate terms are provided, these features will also be subject to these Terms.

Third-Party Websites

Our website may contain links to websites, platforms or resources operated by organisations that are not part of Green Upshot.

A link does not necessarily mean that we endorse, control or guarantee the external website, its products or its content.

We are not responsible for independently reviewing every statement, product, service, policy or security practice appearing on a third-party website.

Any transaction entered into through an external website is between you and the relevant third party.

Before purchasing from or providing information to another website, you should review its terms, privacy policy, returns arrangements and contact information.

Questions or complaints about a third-party product or service should be directed to the provider responsible for it.

Reviews, Feedback and Submissions

You may submit product reviews, photographs, feedback, suggestions, competition entries or other material to Green Upshot.

By submitting content, you confirm that:

• You created it or have permission to share it;
• It is accurate to the best of your knowledge;
• It does not violate another person’s intellectual-property or privacy rights;
• It does not contain unlawful, threatening, discriminatory, defamatory or obscene material;
• It does not contain malware or harmful code; and
• It does not misrepresent your identity or relationship with Green Upshot.

Unless you state otherwise before submission, you grant Green Upshot a non-exclusive, worldwide, royalty-free permission to reproduce, edit, display, publish and use the submitted content for business, marketing and website purposes.

This permission does not transfer ownership of your original content to Green Upshot.

We are not required to publish, retain, compensate or respond to every submission.

We may moderate, edit or remove content that is misleading, irrelevant, unlawful, offensive, fraudulent or inconsistent with these Terms.

You remain responsible for the statements and content you submit.

Personal Information

Personal information submitted through our website will be handled in accordance with our Privacy Policy and the New Zealand Privacy Act 2020.

Our Privacy Policy explains the types of information we collect, why it is collected, how it may be shared, how it is protected and how you may request access or correction.

By using the website, you acknowledge that information may be processed by service providers that support payment processing, hosting, delivery, customer communication, analytics and other business operations.

Errors and Corrections

Our website may occasionally contain typographical mistakes, technical errors or inaccurate information relating to:

• Product descriptions;
• Product dimensions or materials;
• Pricing;
• Promotions;
• Discount codes;
• Stock availability;
• Delivery costs;
• Delivery estimates; or
• Website functionality.

We may correct an error, update information or withdraw an affected offer when the issue is identified.

Where an obvious pricing or product error affects an order, we may contact you to offer the correct information and allow you to proceed or cancel.

Where payment has already been collected and an order is cancelled, the affected amount will be refunded.

A date shown as an update or publication date does not necessarily mean that all website information was reviewed on that date.

Nothing in this section permits Green Upshot to make misleading representations or avoid obligations imposed by applicable law.

Prohibited Activities

You must not use our website, Services or content:

• For an unlawful or fraudulent activity;
• To encourage another person to break the law;
• To infringe our rights or the rights of another party;
• To submit false, deceptive or misleading information;
• To harass, threaten, abuse, discriminate against or harm another person;
• To distribute malicious software or harmful computer code;
• To obtain personal information about others without authorisation;
• To send spam, phishing messages or unsolicited commercial communications;
• To impersonate another person or organisation;
• To interfere with the website’s security or technical operation;
• To bypass access controls or payment requirements;
• To scrape, crawl or systematically extract website data without approval;
• To make fraudulent payment claims or chargebacks;
• To purchase products for unlawful resale or export;
• To upload obscene or seriously offensive material; or
• To use our environmental claims, brand, photographs or product information in a misleading way.

We may restrict or terminate access where we reasonably believe that prohibited activity has occurred.

We may also report suspected unlawful conduct to a payment provider, hosting provider, regulator or law-enforcement authority where appropriate.

Service Availability and Liability

We aim to keep our website available, secure and functional. However, we do not guarantee that access will always be continuous, immediate or free from technical errors.

The website may occasionally be unavailable because of maintenance, security concerns, system failures, provider outages or circumstances beyond our reasonable control.

To the extent permitted by law, Green Upshot will not be responsible for indirect or consequential losses arising solely from temporary website unavailability or from your misuse of the website or products.

You are responsible for following product instructions, warnings and reasonable safety precautions.

Green Upshot is not responsible for damage caused by:

• Using a product for a purpose for which it was not designed;
• Ignoring product-care or safety instructions;
• Improper cleaning, storage or maintenance;
• Unauthorised modification of a product;
• Normal wear and tear;
• Damage caused after delivery by accident or misuse; or
• Continued use after a defect or safety concern becomes apparent.

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand legislation.

Where our liability may lawfully be limited, it will be limited to the maximum extent permitted by law.

For business customers acquiring products in trade, any agreement to contract out of statutory provisions must be recorded in writing and will apply only where legally permitted and fair and reasonable.

Returns, Refunds and Faulty Products

Returns, refunds, repairs and replacements are managed under our Returns and Refunds Policy and applicable New Zealand consumer law.

Products supplied to consumers must meet the guarantees required by the Consumer Guarantees Act 1993, including relevant guarantees concerning acceptable quality, safety, fitness for purpose and correspondence with their description.

If a product is faulty, damaged, unsafe, materially different from its description or otherwise fails to meet an applicable consumer guarantee, please contact us with:

• Your order number;
• A description of the issue;
• Photographs or other reasonable evidence where relevant; and
• Your preferred contact details.

Depending on the nature and seriousness of the issue, the available remedy may include repair, replacement, refund or another solution required by law.

We may ask you to return the product or make it available for assessment. Reasonable return costs for a product confirmed to be faulty will be handled in accordance with applicable law.

A customer is not automatically entitled to a refund solely because they changed their mind, selected the wrong item or no longer require the product.

Any voluntary change-of-mind return offered by Green Upshot will be subject to our Returns and Refunds Policy. Unless otherwise agreed, the product must be unused, unopened, undamaged, in its original packaging and accompanied by proof of purchase.

For hygiene and safety reasons, certain opened personal-care, oral-care, body-care or food-contact products may not be eligible for a change-of-mind return.

Products purchased through an independent stockist or marketplace should generally be returned through the original place of purchase, unless the product has a legal manufacturer-related issue that should be raised directly with us.

Nothing in our voluntary returns arrangements limits your rights when a product is faulty or does not comply with New Zealand consumer law.

Delivery

We will take reasonable steps to process and dispatch orders within the timeframes displayed on our website.

Delivery periods are estimates and may be affected by order volume, weekends, public holidays, rural delivery, severe weather, courier disruptions or other circumstances outside our direct control.

Estimated delivery periods are:

• Within New Zealand: 2-5 Business Days
• Rural New Zealand addresses: 3 – 7 Business Days

These estimates begin after an order has been processed and dispatched rather than immediately after the order is placed.

Tracking information will be provided where it is available from the selected courier.

You are responsible for supplying a complete and accurate delivery address. Additional charges caused by an incorrect or incomplete address may be payable by the customer where permitted by law.

Please contact us promptly if tracking shows an unexpected delay, an order does not arrive or a package is damaged during delivery.

Green Upshot will work with the courier to investigate qualifying delivery issues. Our responsibility for an order does not automatically end merely because the parcel has been handed to a courier.

Where delivery authority has been given to leave a parcel unattended, responsibility for loss occurring after confirmed delivery may depend on the circumstances and applicable law.

Where an order contains a pre-order or back-order product, we may hold the entire order until all items are available unless separate shipment is offered or agreed.

Additional shipping charges may apply where a customer asks for available products to be sent separately.

Prices, Taxes and Payment

Unless clearly stated otherwise, prices shown on our New Zealand website are in New Zealand dollars.

Prices for supplies made in New Zealand will include Goods and Services Tax where required.

Shipping charges and any other applicable fees will be displayed before the order is submitted.

A price is not finally confirmed until the order has been accepted, subject to our right to correct an obvious error.

Payment must be completed using one of the payment methods offered at checkout.

Your bank, card provider or payment processor may apply separate fees, currency-conversion charges or international transaction charges. Green Upshot does not control these external charges.

Customers placing international orders are responsible for any import duty, tax, customs fee, clearance charge or local requirement imposed by the destination country unless we expressly agree otherwise.

Refusal to pay an overseas custom or import charge may result in the order being returned. Any refund may be reduced by return costs or unrecoverable charges were permitted by law.

Intellectual Property

The Green Upshot name, logos, product photographs, written content, website layout, graphics, videos, designs and other original material belong to Green Upshot Limited or are used with permission.

You may view and use the website for personal shopping and informational purposes.

You must not copy, modify, republish, distribute, license, sell or commercially use our intellectual property without prior written permission.

You may share links to publicly available pages, provided the link is not misleading and does not suggest an unauthorized partnership, sponsorship or endorsement.

Nothing on the website grants you ownership of or a license to use our trademarks, branding or other intellectual property except as expressly stated.

Indemnity

To the extent permitted by law, you agree to compensate Green Upshot Limited for reasonable loss, liability or expense resulting directly from:

• Your material breach of these Terms;
• Your unlawful use of the website;
• Your infringement of another party’s rights;
• Fraudulent information submitted by you; or
• Content you upload that unlawfully harms another party.

This obligation does not apply to loss caused by Green Upshot’s own breach, negligence or failure to comply with applicable law.

Severability

If a court or competent authority determines that part of these Terms is unlawful, invalid or unenforceable, that part will be interpreted or limited as far as legally possible.

If it cannot be preserved, it will be removed from the Terms.

The remaining provisions will continue to apply and will not be affected solely because one provision is invalid or unenforceable.

Termination

These Terms remain effective while you access our website or use our Services.

You may stop using the website at any time.

We may restrict, suspend or terminate your access where we reasonably believe that you have materially breached these Terms, acted fraudulently, interfered with the website or created a risk to Green Upshot or other users.

Termination does not remove rights, payment obligations or liabilities that arose before access was terminated.

Provisions concerning intellectual property, liability, indemnity, governing law and other clauses that are intended to continue will survive termination.

Entire Agreement

These Terms, together with our Privacy Policy, Returns and Refunds Policy, Shipping Policy and any other conditions displayed during checkout, form the agreement between you and Green Upshot concerning your use of the website and purchases made through it.

They replace previous website terms or communications concerning the same subject matter, except for any separate written agreement signed by Green Upshot.

Our failure to immediately enforce a provision does not mean that we have waived our right to enforce it later.

Any ambiguity will be interpreted reasonably and consistently with applicable New Zealand law.

Governing Law

These Terms and any purchase made through our New Zealand website are governed by the laws of New Zealand.

You and Green Upshot submit to the jurisdiction of the New Zealand courts, subject to any consumer right to bring a matter before another legally available tribunal or dispute-resolution body.

Nothing in this section restricts any mandatory right available to an overseas customer under the laws that apply to their purchase.

Changes to These Terms

The current version of these Terms will be available on this page.

We may update these Terms to reflect changes to our business, website, products, providers or legal obligations.

Changes will apply from the date the revised Terms are published unless a later date is stated.

Updates will not retrospectively remove rights that have already arisen under a confirmed order.

You should review these Terms periodically. Continued use of the website after revised Terms take effect means that you accept the updated version.

Contact Information

Questions about these Terms, an order or our Services may be sent to: